CELLI DI MUZIO AGAINST ITALY



     The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

     Having regard to the report drawn up by the European

Commission of Human Rights in accordance with Article 31

(art. 31) of the Convention relating to the application lodged

on 18 November 1986 by Mrs Enrica Celli Di Muzio against Italy

(Application No. 12682/87);

     Whereas on 29 June 1992 the Commission transmitted the said

report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been

brought before the European Court of Human Rights in pursuance

of Article 48 (art. 48) of the Convention;

     Whereas in her application, declared admissible by the

Commission on 9 December 1991, the applicant complained of the

excessive length of certain civil proceedings;

     Whereas in its report adopted on 13 May 1992 the Commission

expressed, unanimously, the opinion that there had been a

violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

     Whereas, at the 483rd meeting of the Ministers' Deputies

held on 10 November 1992, the Committee of Ministers, agreeing

with the opinion expressed by the Commission, held, having voted

in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

     Whereas the Committee of Ministers examined the proposals

made by the Commission when transmitting its report as regards

just satisfaction to be awarded to the applicant, proposals

supplemented by a letter of the President of the Commission dated

9 July 1993;

     Whereas, at the 504th meeting of the Deputies held on

14 December 1993, the Committee of Ministers decided, in

accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Italy was to pay the applicant

as just satisfaction, within three months, 30 000 000 Italian

lire in respect of pecuniary and non-pecuniary damage and

5 000 000 Italian lire in respect of costs and expenses, namely

a total sum of 35 000 000 Italian lire;

     Whereas the Committee of Ministers invited the Government

of Italy to inform it of the measures taken following its

decisions of 10 November 1992 and 14 December 1993, having regard

to Italy's obligation under Article 32, paragraph 4 (art. 32-4),

of the Convention to abide by them;

     Whereas the Government of Italy recalled that measures had

already been taken to prevent the repetition of the violation

found in this case, through notably the entry into force on

30 April and 1 May 1995 of two laws restructuring the civil

courts and speeding up the proceedings in civil cases (see

Resolution DH (95) 82 in the case of Zanghì against Italy);

     Whereas the Committee of Ministers satisfied itself that on

5 May 1994 the Government of Italy paid the applicant the total

sum of 35 000 000 Italian lire as just satisfaction,

     Declares, having taken note of the measures taken by the

Government of Italy, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case;

     Authorises the publication of the report adopted by the

Commission in this case.

 

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